S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3271
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M. of A. HEVESI, EPSTEIN, AUBRY, REYES, ROZIC, WILLIAMS,
   CRUZ, RAMOS, RIVERA, WALKER, WEPRIN, SIMON, PRETLOW, COLTON,  DICKENS,
   JEAN-PIERRE, FAHY, SAYEGH, L. ROSENTHAL, GLICK, PAULIN, COOK, JACKSON,
   GONZALEZ-ROJAS,  FORREST, BURDICK, OTIS, ZINERMAN, MITAYNES, DAVILA --
   read once and referred to the Committee on Social Services

 AN ACT to amend the social services law,  the  executive  law,  and  the
   public  health law, in relation to providing for supports and services
   for unaccompanied minors with no lawful immigration status
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2 of the social services law is amended by adding a
 new subdivision 41 to read as follows:
   41.  "UNACCOMPANIED MINOR" SHALL MEAN A CHILD WHO, PRIOR TO RELEASE TO
 A NEW YORK RESIDENT SPONSOR, WAS IN THE CUSTODY OF THE FEDERAL OFFICE OF
 REFUGEE RESETTLEMENT AND:
   (A) HAS NO LAWFUL IMMIGRATION STATUS IN THE UNITED STATES;
   (B) HAD NOT ATTAINED EIGHTEEN YEARS OF AGE PRIOR TO BEING  TAKEN  INTO
 FEDERAL CUSTODY; AND
   (C)  WAS  NOT  ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN UPON ENTRY TO
 THE UNITED STATES OR WAS ACCOMPANIED BY A PARENT OR LEGAL  GUARDIAN  BUT
 SUBSEQUENTLY  SEPARATED FROM THAT PARENT OR LEGAL GUARDIAN UPON ENTRY TO
 THE UNITED STATES.
   § 2. Article 5 of the social services law is amended by adding  a  new
 title 12-B to read as follows:
                                 TITLE 12-B
              SUPPORTS AND SERVICES FOR UNACCOMPANIED MINORS
 SECTION 370-F. SUPPORTS AND SERVICES FOR UNACCOMPANIED MINORS.
         370-G. INFORMATIONAL MATERIALS.
   §  370-F. SUPPORTS AND SERVICES FOR UNACCOMPANIED MINORS. 1.  UNACCOM-
 PANIED MINORS, AS DEFINED UNDER SECTION TWO OF THIS  CHAPTER,  SHALL  BE
 ELIGIBLE  FOR  A RANGE OF APPROPRIATE SERVICES AND SUPPORTS, WHICH SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05006-01-3
              

 A. 3271                             2
 
 BE BENEFICIAL TO THE HEALTH, SAFETY, AND WELL-BEING OF SUCH MINORS. SUCH
 SERVICES SHALL INCLUDE, BUT NOT BE LIMITED TO:   HEALTH  AND  BEHAVIORAL
 HEALTH  SERVICES  COVERED  UNDER  PARAGRAPH  (K)  OF  SUBDIVISION TWO OF
 SECTION  TWENTY-FIVE HUNDRED ELEVEN OF THE PUBLIC HEALTH LAW; INDIVIDUAL
 COUNSELING SESSIONS WITH SOCIAL WORKERS; LEGAL SERVICES  PROVIDED  UNDER
 SECTION  THREE  HUNDRED NINETY-FOUR OF THIS CHAPTER, WHICH SHALL INCLUDE
 CULTURALLY AND LINGUISTICALLY APPROPRIATE SERVICES  PROVIDED  BY  ATTOR-
 NEYS,  INTERPRETERS, AND OTHER SUPPORT STAFF FOR REPRESENTATION IN STATE
 COURT PROCEEDINGS, FEDERAL  IMMIGRATION  PROCEEDINGS,  AND  ANY  APPEALS
 ARISING FROM SUCH PROCEEDINGS; LANGUAGE SERVICES; EMPLOYMENT ASSISTANCE;
 BILINGUAL  SUPPORT  GROUPS;  AND  ASSISTANCE WITH EDUCATIONAL RIGHTS AND
 ENROLLMENT IN PUBLIC SCHOOLS. SUCH SUPPORT AND  SERVICES  SHALL  NOT  BE
 DEEMED  PUBLIC BENEFITS THAT WOULD AFFECT AN UNACCOMPANIED MINOR'S IMMI-
 GRATION STATUS UNDER 8 USC 1182, AS AMENDED, AND ANY REGULATIONS PROMUL-
 GATED THEREUNDER.
   2. SUCH SERVICES AND SUPPORTS SHALL BE IDENTIFIED  BY  AN  IMMIGRATION
 SERVICES LIAISON UNDER SECTION NINETY-FOUR-B OF THE EXECUTIVE LAW, WHICH
 SHALL,  TO THE EXTENT PRACTICABLE, CONNECT EACH UNACCOMPANIED MINOR WITH
 RESOURCES IN ORDER TO ACCESS SUCH SUPPORTS AND  SERVICES  IDENTIFIED  IN
 SUBDIVISION  ONE OF THIS SECTION. THE IMMIGRATION SERVICES LIAISON SHALL
 CONNECT WITH UNACCOMPANIED MINORS PRIOR TO RELEASE TO A  SPONSOR  DETER-
 MINED  TO  BE APPROPRIATE BY THE FEDERAL OFFICE OF REFUGEE RESETTLEMENT,
 TO THE EXTENT PRACTICABLE, BUT NO LATER THAN UPON REFERRAL  PURSUANT  TO
 SECTION  THREE  HUNDRED SEVENTY-FOUR-G OR THREE HUNDRED NINETY-FOUR-A OF
 THIS CHAPTER.
   3. ANY INDIVIDUAL OR PROGRAM PROVIDING SUCH SERVICES AND  SUPPORTS  OR
 OTHERWISE  PROVIDING  ASSISTANCE TO THE UNACCOMPANIED MINOR SHALL ENSURE
 THEY RECEIVE TRAUMA INFORMED TRAINING AS WELL  AS  TRAINING  ON  HOW  TO
 IDENTIFY  AND  APPROPRIATELY  REACT TO UNACCOMPANIED MINORS WHO MAY HAVE
 EXPERIENCED ADVERSE CHILDHOOD EXPERIENCES. IN  ADDITION,  ANY  SERVICES,
 SUPPORTS  OR  ASSISTANCE  SHALL  BE  PROVIDED  IN A CULTURALLY COMPETENT
 MANNER.
   § 370-G. INFORMATIONAL MATERIALS. 1. THE OFFICE OF CHILDREN AND FAMILY
 SERVICES, IN CONSULTATION WITH THE  OFFICE  OF  MENTAL  HEALTH  AND  THE
 OFFICE  FOR  NEW  AMERICANS,  SHALL  DEVELOP INFORMATIONAL MATERIALS FOR
 AUTHORIZED AGENCIES, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION  TEN  OF
 SECTION  THREE HUNDRED SEVENTY-ONE OF THIS CHAPTER AND OUT OF STATE CARE
 PROVIDERS. SUCH INFORMATIONAL MATERIALS SHALL INCLUDE  CONTACT  INFORMA-
 TION FOR IMMIGRATION SERVICES LIAISONS, AS WELL AS A GENERAL DESCRIPTION
 OF  THE  BENEFITS UNACCOMPANIED MINORS AS DEFINED IN SECTION TWO OF THIS
 CHAPTER ARE ELIGIBLE FOR, PURSUANT TO SUBDIVISION ONE OF  SECTION  THREE
 HUNDRED SEVENTY-F OF THIS TITLE.
   2.  THE INFORMATIONAL MATERIALS SHALL BE MADE AVAILABLE IN ENGLISH AND
 THE SIX MOST COMMON NON-ENGLISH LANGUAGES  SPOKEN  BY  INDIVIDUALS  WITH
 LIMITED-ENGLISH  PROFICIENCY  IN  THE STATE OF NEW YORK, BASED ON UNITED
 STATES CENSUS DATA, AND SHALL BE PUBLISHED ON THE OFFICE OF CHILDREN AND
 FAMILY SERVICES, THE OFFICE OF MENTAL HEALTH  AND  THE  OFFICE  FOR  NEW
 AMERICANS' WEBSITES.
   § 3. The social services law is amended by adding a new section 394 to
 read as follows:
   §  394. LEGAL REPRESENTATION OF UNACCOMPANIED MINORS. 1. AN UNACCOMPA-
 NIED MINOR, AS DEFINED IN SECTION TWO OF THIS CHAPTER, OR MINOR  IN  THE
 CUSTODY  OF THE FEDERAL OFFICE OF REFUGEE RESETTLEMENT WHILE IN THE CARE
 OF AN AUTHORIZED AGENCY, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION  TEN
 OF  SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE, WHO IS PRESENT IN
 THIS STATE AND AGAINST WHOM AN IMMIGRATION PROCEEDING MAY BE OR HAS BEEN
 A. 3271                             3
 
 COMMENCED SHALL BE ENTITLED TO REPRESENTATION  BY  COUNSEL  THROUGH  THE
 COMPLETION OF SUCH PROCEEDING, INCLUDING APPEALS AND/OR OBTAINING STATUS
 AND  OTHER  RELATED ASSISTANCE, PURSUANT TO SECTION NINETY-FOUR-D OF THE
 EXECUTIVE LAW, INCLUDING INTERPRETATION OR TRANSLATION SERVICES PURSUANT
 TO SUBDIVISION FIVE OF THIS SECTION.
   2.  REPRESENTATION  AND RELATED ASSISTANCE PROVIDED IN ACCORDANCE WITH
 THIS SECTION SHALL BE A STATE CHARGE, PURSUANT TO SECTION  NINETY-FOUR-D
 OF THE EXECUTIVE LAW.
   3.  (A)  UPON  RECEIPT FROM A FEDERAL IMMIGRATION AUTHORITY OF A CIVIL
 IMMIGRATION DETAINER, OR A REQUEST FOR  TRANSFER,  NOTIFICATION,  INTER-
 VIEW,  INTERROGATION  OR  OTHER  REQUEST, AN AUTHORIZED AGENCY, OR AGENT
 THEREOF, SHALL PROVIDE TO THE CHILD, WHO IS THE SUBJECT OF SUCH DETAINER
 OR REQUEST, SUCH CHILD'S SPONSOR, IF SPONSORED, AND SUCH  CHILD'S  COUN-
 SEL, IF REPRESENTED:
   (I) NOTIFICATION OF SUCH DETAINER OR REQUEST;
   (II) A COPY OF SUCH DETAINER OR REQUEST;
   (III)  NOTICE REGARDING SUCH CHILD'S RIGHT TO COUNSEL PURSUANT TO THIS
 SECTION IF SUCH CHILD IS WITHOUT COUNSEL AT THE TIME OF SUCH DETAINER OR
 REQUEST; AND
   (IV) INFORMATION AS TO WHETHER OR NOT SUCH AGENCY  INTENDS  TO  COMPLY
 WITH SUCH DETAINER OR REQUEST.
   (B)  IF  SUCH CHILD IS UNDER THE AGE OF FIVE AT THE TIME SUCH DETAINER
 OR REQUEST IS RECEIVED, SUCH INFORMATION REQUIRED PURSUANT TO  PARAGRAPH
 (A)  OF THIS SUBDIVISION SHALL ONLY BE PROVIDED TO SUCH CHILD'S SPONSOR,
 IF SPONSORED, AND SUCH CHILD'S COUNSEL, IF REPRESENTED.
   4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 A  CHILD  IN  THE  CARE OF AN AUTHORIZED AGENCY MAY REQUEST TO BE INTER-
 VIEWED BY A FEDERAL LAW ENFORCEMENT AGENCY OR AN AGENT THEREOF ONLY WITH
 WRITTEN AUTHORIZATION BY SUCH CHILD'S COUNSEL,  PROVIDED  THAT  IF  SUCH
 CHILD  IS  NOT  REPRESENTED  AND IS ENTITLED TO COUNSEL PURSUANT TO THIS
 SECTION, HE OR SHE SHALL BE  NOTIFIED  OF  SUCH  RIGHT  AND  PROVIDED  A
 REASONABLE OPPORTUNITY TO OBTAIN SUCH COUNSEL BEFORE ANY SUCH INTERVIEW.
   5.  IN ADDITION TO ANY OTHER RIGHT TO THE ASSISTANCE OF INTERPRETATION
 OR TRANSLATION SERVICES, ANY FOREIGN-BORN CHILD, OR CHILD NOT PROFICIENT
 IN THE ENGLISH LANGUAGE, TO  WHOM  INQUIRY  IS  MADE  PURSUANT  TO  THIS
 SECTION  SHALL  BE ENTITLED TO THE ASSISTANCE OF A NEUTRAL AND QUALIFIED
 INTERPRETER OR TRANSLATOR, AS THE CASE MAY  BE,  WITH  RESPECT  TO  SUCH
 INQUIRY, PROVIDED AT NO COST OR EXPENSE TO SUCH CHILD.
   6.  THIS  SECTION SHALL SUPERSEDE CONFLICTING LOCAL LAWS, RULES, POLI-
 CIES, PROCEDURES AND PRACTICES, EXCEPT TO THE EXTENT THAT THE PROVISIONS
 OF ANY SUCH LOCAL LAW, RULE, POLICY OR ANY SUCH  PROCEDURE  OR  PRACTICE
 MAY  PROVIDE  ANY ADDITIONAL OR GREATER RIGHT OR PROTECTION.  NOTHING IN
 THIS SECTION SHALL PROHIBIT ANY AUTHORIZED AGENCY FROM COOPERATING  WITH
 A  FEDERAL  IMMIGRATION AUTHORITY TO THE EXTENT REQUIRED BY FEDERAL LAW.
 NOTHING IN THIS SECTION SHALL BE INTERPRETED OR APPLIED SO AS TO  CREATE
 ANY POWER, DUTY OR OBLIGATION IN CONFLICT WITH FEDERAL LAW.
   §  4.  Paragraphs  (m) and (n) of subdivision 5 of section 94-b of the
 executive law, as added by chapter 206 of the laws of 2014, are  amended
 and a new paragraph (o) is added to read as follows:
   (m)  Encourage  and  assist  local  governments  in the development of
 activities to enhance civic engagement among immigrants and in immigrant
 communities; [and]
   (n) Beginning in two thousand fifteen, by June fifteenth of each year,
 produce a report to the governor, the speaker of the assembly,  and  the
 temporary  president  of  the  senate  describing  the activities of the
 office, including but not limited to, summarizing calls received through
 A. 3271                             4
 
 the hotline and website, information on ESOL training services  provided
 by the office, the number of immigrants assisted through the opportunity
 centers,  or an estimation thereof, the status of any workforce develop-
 ment programs, and any other relevant information[.]; AND
   (O)  ESTABLISH AN IMMIGRATION SERVICES LIAISON TO ASSIST UNACCOMPANIED
 MINORS AS DEFINED IN SECTION TWO OF THE SOCIAL SERVICES LAW, IN ORDER TO
 ACCESS APPROPRIATE SUPPORTS AND SERVICES FOR SUCH MINORS. THE OFFICE MAY
 WORK IN CONJUNCTION WITH THE OFFICE OF TEMPORARY AND DISABILITY  ASSIST-
 ANCE,  THE  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES AND THE OFFICE OF
 MENTAL HEALTH IN ORDER TO EFFECTUATE THEIR DUTIES UNDER THIS PROVISION.
   § 5. The social services law is amended by adding a new section  374-g
 to read as follows:
   §  374-G.  UNACCOMPANIED  MINORS  RELEASED BY AUTHORIZED AGENCIES.  1.
 EVERY AUTHORIZED AGENCY AS DEFINED IN PARAGRAPH (A) OF  SUBDIVISION  TEN
 OF  SECTION  THREE  HUNDRED  SEVENTY-ONE OF THIS TITLE, THAT RELEASES AN
 UNACCOMPANIED MINOR, AS DEFINED IN SECTION TWO OF THIS CHAPTER,  IN  NEW
 YORK  TO  A SPONSOR THAT IS A NEW YORK RESIDENT, AND DEEMED TO BE APPRO-
 PRIATE BY THE FEDERAL OFFICE OF REFUGEE RESETTLEMENT, SHALL PROVIDE  THE
 UNACCOMPANIED  MINOR  AND  THEIR  SPONSOR  WITH: (A) DIRECT REFERRALS TO
 IMMIGRATION SERVICES LIAISONS UNDER SECTION NINETY-FOUR-B OF THE  EXECU-
 TIVE  LAW;  (B) INFORMATIONAL MATERIALS DEVELOPED BY THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES,  INFORMING  THEM  OF  AVAILABLE  SUPPORTS  AND
 SERVICES  THE  UNACCOMPANIED MINOR IS ELIGIBLE FOR UPON RELEASE INTO NEW
 YORK AS DEFINED IN SECTION THREE HUNDRED SEVENTY-F OF THIS CHAPTER;  AND
 (C)  NOTIFICATION  OF  SUCH MINOR'S RIGHT TO COUNSEL UNDER SECTION THREE
 HUNDRED NINETY-FOUR OF THIS TITLE.
   2. SUCH INFORMATIONAL MATERIALS SHALL BE PROVIDED TO BOTH THE UNACCOM-
 PANIED MINOR AND THE SPONSOR, UNLESS SUCH UNACCOMPANIED MINOR  IS  UNDER
 THE  AGE  OF  FIVE,  IN  WHICH  CASE SUCH INFORMATIONAL MATERIALS MAY BE
 PROVIDED SOLELY TO THE SPONSOR.
   § 6. The social services law is amended by adding a new section  394-a
 to read as follows:
   § 394-A. UNACCOMPANIED MINORS RELEASED BY OUT OF STATE CARE PROVIDERS.
 1.  EVERY  OUT  OF  STATE  CARE  PROVIDER THAT RELEASES AN UNACCOMPANIED
 MINOR, AS DEFINED IN SECTION TWO OF THIS CHAPTER, IN NEW YORK TO A SPON-
 SOR THAT IS A NEW YORK RESIDENT, AND DEEMED TO  BE  APPROPRIATE  BY  THE
 FEDERAL  OFFICE OF REFUGEE RESETTLEMENT, SHALL PROVIDE THE UNACCOMPANIED
 MINOR AND THEIR SPONSOR WITH: (A) DIRECT  REFERRALS  TO  AN  IMMIGRATION
 SERVICES  LIAISON  UNDER SECTION NINETY-FOUR-B OF THE EXECUTIVE LAW; (B)
 INFORMATIONAL MATERIALS DEVELOPED BY THE OFFICE OF CHILDREN  AND  FAMILY
 SERVICES, INFORMING THEM OF AVAILABLE SUPPORTS AND SERVICES THE UNACCOM-
 PANIED  MINOR  IS  ELIGIBLE FOR UPON RELEASE INTO NEW YORK AS DEFINED IN
 SECTION THREE HUNDRED SEVENTY-F OF THIS CHAPTER; AND (C) NOTIFICATION OF
 SUCH MINOR'S RIGHT TO COUNSEL UNDER SECTION THREE HUNDRED NINETY-FOUR OF
 THIS TITLE.
   2. SUCH INFORMATIONAL MATERIALS SHALL BE PROVIDED TO BOTH THE UNACCOM-
 PANIED MINOR AND THE SPONSOR, UNLESS SUCH UNACCOMPANIED MINOR  IS  UNDER
 THE  AGE  OF  FIVE,  IN  WHICH  CASE SUCH INFORMATIONAL MATERIALS MAY BE
 PROVIDED SOLELY TO THE SPONSOR.
   § 7. Subdivision 2 of section 2511 of the public health law is amended
 by adding a new paragraph (k) to read as follows:
   (K) WHERE AN APPLICANT FOR A SUBSIDY PAYMENT PURSUANT  TO  SUBDIVISION
 THREE  OF  THIS  SECTION IS AN UNACCOMPANIED MINOR AS DEFINED IN SECTION
 TWO OF THE SOCIAL SERVICES LAW, SUCH UNACCOMPANIED MINOR SHALL BE ELIGI-
 BLE FOR SUCH SUBSIDY.
 A. 3271                             5
 
   § 8. Subdivision 7 of section  2510  of  the  public  health  law,  as
 amended  by  chapter  436  of  the  laws  of 2021, is amended to read as
 follows:
   7.  "Covered  health care services" means: the services of physicians,
 optometrists, nurses, nurse practitioners, midwives  and  other  related
 professional  personnel  which  are  provided  on  an  outpatient basis,
 including routine well-child visits; diagnosis and treatment of  illness
 and injury; inpatient health care services; laboratory tests; diagnostic
 x-rays;  prescription  and  non-prescription  drugs, ostomy supplies and
 durable medical equipment; radiation therapy;  chemotherapy;  hemodialy-
 sis;  outpatient blood clotting factor products and other treatments and
 services furnished in connection with the care of hemophilia  and  other
 blood  clotting  protein  deficiencies; emergency room services; hospice
 services; emergency,  preventive  and  routine  dental  care,  including
 medically necessary orthodontia but excluding cosmetic surgery; emergen-
 cy, preventive and routine vision care, including eyeglasses; speech and
 hearing  services;  and, inpatient and outpatient mental health, alcohol
 and substance abuse services as defined by the commissioner in consulta-
 tion with the superintendent.  FOR UNACCOMPANIED MINORS, AS SUCH TERM IS
 DEFINED BY SECTION TWO OF THE SOCIAL SERVICES LAW, COVERED  HEALTH  CARE
 SERVICES SHALL ALSO INCLUDE: (A) CHILDREN'S MENTAL HEALTH REHABILITATION
 SERVICES  INCLUDING,  BUT  NOT  LIMITED  TO, THOSE ADDED TO THE MEDICAID
 STATE PLAN IN JANUARY OF TWO THOUSAND NINETEEN, OTHER  LICENSED  PRACTI-
 TIONER  SERVICES,  COMMUNITY PSYCHIATRIC SUPPORT AND TREATMENT SERVICES,
 AND  PSYCHOSOCIAL  REHABILITATION  SERVICES,  ASSUMING  SUCH  CHILDREN'S
 MENTAL HEALTH REHABILITATION SERVICES ARE PROVIDED BY INDIVIDUALS ACTING
 WITHIN THEIR LAWFUL SCOPE OF PRACTICE AS ESTABLISHED UNDER THE EDUCATION
 LAW;  AND  (B)  TRAUMA INFORMED CARE THAT INCLUDES THE IDENTIFICATION OF
 AND APPROPRIATE REACTION AND TREATMENT TO ADVERSE CHILDHOOD EXPERIENCES.
 "Covered health care services" shall not include drugs,  procedures  and
 supplies  for the treatment of erectile dysfunction when provided to, or
 prescribed for use by, a person who is required to  register  as  a  sex
 offender  pursuant to article six-C of the correction law, provided that
 any denial of coverage of  such  drugs,  procedures  or  supplies  shall
 provide  the  patient with the means of obtaining additional information
 concerning both the denial and the means of challenging such denial.
   § 8-a. Subdivision 7 of section 2510 of  the  public  health  law,  as
 amended  by  section 1 of part DDD of chapter 56 of the laws of 2022, is
 amended to read as follows:
   7. "Covered health care services" means: the services  of  physicians,
 optometrists,  nurses,  nurse  practitioners, midwives and other related
 professional personnel  which  are  provided  on  an  outpatient  basis,
 including  routine well-child visits; diagnosis and treatment of illness
 and injury; inpatient health care services; laboratory tests; diagnostic
 x-rays;  prescription  and  non-prescription  drugs,  ostomy  and  other
 medical  supplies  and  durable  medical  equipment;  radiation therapy;
 chemotherapy; hemodialysis; outpatient blood  clotting  factor  products
 and  other treatments and services furnished in connection with the care
 of hemophilia and other blood clotting protein  deficiencies;  emergency
 room  services; ambulance services; hospice services; emergency, preven-
 tive and  routine  dental  care,  including  orthodontia  but  excluding
 cosmetic surgery; emergency, preventive and routine vision care, includ-
 ing  eyeglasses;  speech  and hearing services; inpatient and outpatient
 mental health, alcohol and substance abuse services, including  children
 and family treatment and support services, children's home and community
 based  services,  assertive community treatment services and residential
 A. 3271                             6
 
 rehabilitation for youth services which shall be reimbursed  in  accord-
 ance with the ambulatory patient group (APG) rate-setting methodology as
 utilized  by  the department of health, the office of addiction services
 and  supports,  or the office of mental health for rate-setting purposes
 or any such other fees established pursuant to  article  forty-three  of
 the  mental  hygiene law; and health-related services provided by volun-
 tary foster care agency health facilities licensed pursuant  to  article
 twenty-nine-I of this chapter; as defined by the commissioner. FOR UNAC-
 COMPANIED  MINORS,  AS SUCH TERM IS DEFINED BY SECTION TWO OF THE SOCIAL
 SERVICES LAW, COVERED HEALTH CARE SERVICES SHALL ALSO INCLUDE: (A) CHIL-
 DREN'S MENTAL HEALTH REHABILITATION SERVICES INCLUDING, BUT NOT  LIMITED
 TO,  THOSE  ADDED  TO THE MEDICAID STATE PLAN IN JANUARY OF TWO THOUSAND
 NINETEEN, OTHER LICENSED PRACTITIONER  SERVICES,  COMMUNITY  PSYCHIATRIC
 SUPPORT   AND   TREATMENT   SERVICES,  AND  PSYCHOSOCIAL  REHABILITATION
 SERVICES, ASSUMING SUCH CHILDREN'S MENTAL HEALTH REHABILITATION SERVICES
 ARE PROVIDED BY INDIVIDUALS ACTING WITHIN THEIR LAWFUL SCOPE OF PRACTICE
 AS ESTABLISHED UNDER THE EDUCATION LAW; AND  (B)  TRAUMA  INFORMED  CARE
 THAT  INCLUDES THE IDENTIFICATION OF AND APPROPRIATE REACTION AND TREAT-
 MENT TO ADVERSE CHILDHOOD EXPERIENCES. "Covered  health  care  services"
 shall  not  include  drugs, procedures and supplies for the treatment of
 erectile dysfunction when provided to,  or  prescribed  for  use  by,  a
 person who is required to register as a sex offender pursuant to article
 six-C  of  the  correction  law, provided that any denial of coverage of
 such drugs, procedures or supplies shall provide the  patient  with  the
 means of obtaining additional information concerning both the denial and
 the means of challenging such denial.
   § 9. The executive law is amended by adding a new section 94-d to read
 as follows:
   § 94-D. REPRESENTATION FOR UNACCOMPANIED MINORS. 1. THE OFFICE FOR NEW
 AMERICANS,  IN  CONSULTATION WITH THE OFFICE OF COURT ADMINISTRATION AND
 INDIGENT LEGAL SERVICES, SHALL BE RESPONSIBLE FOR FACILITATING ACCESS TO
 REPRESENTATION AND RELATED  ASSISTANCE  IN  IMMIGRATION-RELATED  MATTERS
 PROVIDED  PURSUANT  TO  SECTION  THREE HUNDRED NINETY-FOUR OF THE SOCIAL
 SERVICES LAW. ANY SERVICES PROVIDED SHALL BE COMPENSATED  IN  ACCORDANCE
 WITH  THIS  SECTION. THE OFFICE MAY ENTER INTO AN AGREEMENT WITH A LEGAL
 AID SOCIETY OR OTHER NOT-FOR-PROFIT ORGANIZATION WITH APPROPRIATE EXPER-
 TISE AND EXPERIENCE IN IMMIGRATION-RELATED MATTERS FOR  THE  SOCIETY  OR
 ORGANIZATION  TO  PROVIDE  SUCH REPRESENTATION AND RELATED SERVICES. THE
 AGREEMENT SHALL BE IN A FORM APPROVED BY THE DIRECTOR OF THE OFFICE  FOR
 NEW AMERICANS AND SHALL PROVIDE A GENERAL PLAN FOR A PROGRAM OF SERVICES
 TO BE PROVIDED BY SUCH SOCIETY OR ORGANIZATION.
   2.  ALL  EXPENSES  FOR SERVICES PROVIDED UNDER THIS SECTION SHALL BE A
 STATE CHARGE TO BE PAID OUT OF FUNDS APPROPRIATED TO THE OFFICE FOR THAT
 PURPOSE. COUNSEL UTILIZED HEREUNDER SHALL  RECEIVE  COMPENSATION  AT  AN
 HOURLY  RATE FOR TIME EXPENDED IN COURT AND FOR TIME REASONABLY EXPENDED
 OUT  OF  COURT,  AND  SHALL  RECEIVE  PAYMENT  FOR  EXPENSES  REASONABLY
 INCURRED.  THE  DIRECTOR OF THE OFFICE FOR NEW AMERICANS SHALL ESTABLISH
 RULES AND REGULATIONS REGARDING REASONABLE COMPENSATION  AND  REIMBURSE-
 MENT  FOR  OTHER SERVICES PROVIDED. NO COUNSEL OR OTHER SERVICE PROVIDER
 UTILIZED PURSUANT TO THIS SECTION SHALL  SEEK  OR  ACCEPT  ANY  FEE  FOR
 REPRESENTING SUCH PERSON.
   §  10.  Severability.  If  any clause, sentence, paragraph, section or
 part of this act shall be adjudged by any court of  competent  jurisdic-
 tion  to be invalid and after exhaustion of all further judicial review,
 the judgment shall not affect, impair or invalidate the remainder there-
 of, but shall be confined in its  operation  to  the  clause,  sentence,
 A. 3271                             7

 paragraph,  section or part of this act directly involved in the contro-
 versy in which the judgment shall have been rendered.
   §  11.  This  act  shall  take  effect immediately; provided, however,
 sections one, two, four, five, six, seven, eight, and nine of  this  act
 shall  take effect on the sixtieth day after it shall have become a law;
 provided, further, section eight-a of this act shall take effect on  the
 same  date and in the same manner as section 1 of part DDD of chapter 56
 of the laws of 2022, takes effect.